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U.S. v. APPLEWHITE

Nos. 94-3028, 94-3058.

72 F.3d 140 (1995)

UNITED STATES of America, Appellee, v. Robert C. APPLEWHITE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 1995.

Order Vacating Conviction on Grant of Rehearing January 26, 1996.

Order Vacating Conviction on Grant of Rehearing February 13, 1996.

Attorney(s) appearing for the Case

Benjamin B. Klubes, Washington, DC, argued the cause, for appellant Robert C. Applewhite. With him on the briefs were Barry Coburn, appointed by the court, and Roberto Iraola.

Marian Flynn, Washington, DC, appointed by the court, argued the cause and filed the brief, for appellant Ronald D. Branch.

Elizabeth H. Danello, Assistant United States Attorney, Washington, DC, argued the cause, for appellee. With her on the brief were Eric H. Holder, Jr., United States Attorney, and John R. Fisher, Assistant United States Attorney.

Before: WILLIAMS, GINSBURG and RANDOLPH, Circuit Judges.

Order Vacating Conviction on Grant of Rehearing in No. 94-3058 January 26, 1996.

Order Vacating Conviction on Grant of Rehearing in No. 94-3028 February 13, 1996.

GINSBURG, Circuit Judge:

Robert C. Applewhite and Ronald D. Branch were convicted by a jury of possessing with intent to distribute (PWID) five grams or more of cocaine base, commonly known as crack, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(iii). They were also convicted of...

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